CAN-SPAM Applies

to Text Messaging

Getting Started

CAN-SPAM covers text messaging in addition to calls and emails. Compliance with federal law is of the utmost importance to TSG. As we work with our customers and partners to create a healthy communications industry, one that is free from spam and unwanted solicitations, we wanted to share some of the major points of the CAN-SPAM Act.

FCC rules ban text messages sent to a mobile phone using an autodialer unless you previously gave consent to receive the message or the message is sent for emergency purposes. The ban applies even if you have not placed your mobile phone number on the national Do-Not-Call list.

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TSG is working with clients and partners to spread awareness for changing requirements, all in hopes of building a stronger, more equitable industry. There is no separate, CAN-SPAM for SMS but smart enterprises are mitigating risk by integrating support for compliance from project inception. As for the Sales process, compliance doesn’t have to be a bottleneck when treated as part of your lead generation toolset.

How CAN-Spam Affects Text Messaging

With the CAN-Spam legislation, Text messaging was included along with calls and emails for regulation. By standardizing opt-in requirements across communication types, CAN-SPAM is setting a standard for opt-in-based commercial messaging.

Federal rules require the following for commercial emails sent to mobile phones:

  • Identification | The email requires clear marks that the communication is as solicitation or advertisement for products or services
  • Opt-Out | The email must provide easily-accessible, legitimate, and free-ways for you to reject future messages from that sender
  • Return Address | The email must contain legitimate return email addresses, as well as the sender’s postal address

Written Opt-In for Texting

Enterprises supporting commercial texting must ensure all users are implementing written opt-ins for their campaigns. Make opt-in messages clear and distinct to prevent spam complaints.

Compliance is everybody’s responsibility because at the end of the day it is everyone’s problem. Awareness and education are key in the fight to keep the communications industry continually evolving while keeping it safe from unwanted solicitations.

Noah Rafalko

About The Author

A communications visionary for over 20 years, Noah Rafalko is the founder and CEO of TSG Global, Inc., which provides voice, messaging, and identity management services for SaaS companies, and large enterprises.